COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:2147H.04C Bill No.:HCS for HB Nos. 1108 & 1181Subject:Sexual Offenses; Crimes and Punishment; Criminal Procedure; Courts;
Department of Public Safety; Highway Patrol; Department of Health and Senior
Services
Type:Original Date:March 21, 2023Bill Summary:This proposal modifies provisions relating to public safety.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
General Revenue
More or
less than
($504,941)
More or
less than
($853,054)
More or
less than
($1,015,358)
More or
less than
($1,469,536)
Total Estimated
Net Effect on
General
Revenue
More or
less than
($504,941)
More or
less than
($853,054)
More or
less than
($1,015,358)
More or
less than
($1,469,536) L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 2 of
March 21, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Criminal Record
System (0671)Up to $165,000Up to $198,000Up to $198,000Up to $198,000
State Highways
and
Transportation
Department Fund
(0644)($350,250)($420,300)($420,300)($420,300)
Change of Venue
for Capital Cases
Fund$0 to Unknown$0 to Unknown$0 to Unknown$0 to Unknown
Crime Victims’
Compensation
Fund (0681)
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Total Estimated
Net Effect on
Other State
Funds
Unknown,
Greater than
$64,750
Unknown,
Greater than
$27,700
Unknown,
Greater than
$27,700
Unknown,
Greater than
$27,700
Numbers within parentheses: () indicate costs or losses. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 3 of
March 21, 2023
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
General Revenue3 FTE 4 FTE4 FTE5 FTETotal Estimated
Net Effect on
FTE 3 FTE 4 FTE4 FTE5 FTE
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND
AFFECTED
FY 2024FY 2025FY 2026Fully
Implemented
(FY 2033)
Local
Government($116,750)($140,100)($140,100)($140,100)
FISCAL ANALYSIS L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 4 of
March 21, 2023
DD:LR:OD
ASSUMPTION
§37.725 – Disclosures by the Office of Child Advocate
In response to similar legislation from 2023 (Perfected HB 677), officials from the St. Joseph
Police Department assumed the proposal will have no fiscal impact on their organization.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a
zero impact on the fiscal note for this section.
§§43.539 and 43.540 – Missouri Rap Back Program
In response to similar legislation from 2023 (SB 264), officials from the St. Joseph Police
Department assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for this agency.
In response to similar legislation from 2023 (HB 70), the Missouri Highway Patrol stated, upon
further inquiry, the impact to the Criminal Record System fund is unknown.
§§67.145, 70.631, 170.310, 190.091, 650.320, and 650.340 – Telecommunicator first responders
In response to similar legislation from 2023 (HB 567), officials from the St. Joseph Police
Department and the Local Government Employees Retirement System (LAGERS) assumed
the proposal will have no fiscal impact on their respective organizations. Oversight does not
have any information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal
note for these sections.
§193.265 – Vital records
Officials from the Department of Health and Senior Services (DHSS) state the proposed
legislation would create Section 193.265.6, which would waive the fee for a certified copy of a
birth, death, or marriage certificate if requested by a prosecuting attorney, circuit attorney or the
Attorney General. According to a Missouri survey conducted by the National Prosecutors’
Consortium (https://www.prosecutors.mo.gov/files/Missouri%20Survey%20Report.pdf), in
2018, 41% of Missouri prosecuting offices responded, and on average, each office reviewed
1,219 felony cases and 1,845 misdemeanor cases. For an estimated average total cases of 3,064
per office, per annum. Missouri has 115 elected prosecutors from each of the 114 counties and
the City of St. Louis. Combined, this is an average of 352,360 cases reviewed each year across
the state. Not all prosecuting offices responded to the Consortium survey, so exact metrics were
not available for all local offices. It is also not known how many of these cases would result in a
request for a copy of a vital record. Therefore, a range from 0 to 352,360 requests are estimated
to be possible. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 5 of
March 21, 2023
DD:LR:OD
Moreover, the proposed language does not limit the number of certificate requests that could be
made nor does it limit the purpose for which the certificates may be requested for free nor
specify or require that the requestor be an official from Missouri. As a result, the number of
certificates requested could exceed 352,360. Considering these unknown and/or estimated
variables, the number of FTE needed will be an estimated with a range.
While this proposed legislation references birth, death, and marriage certificates, the cheapest
and typically most requested certification (death--$14) will be used to make estimated
calculations.
As requests from the Missouri Attorney General (AGO) are also included in this proposed
legislation, the estimated 700 criminal appeals (https://ago.mo.gov/criminal-division/criminal-
appeals) that are handled by the AGO each year are factored into these calculations. This
estimate does not include any other appeals or cases that may be handled by the AGO. This
would bring the estimated total of potential requests to 353,060.
Estimating from current vital records issuance metrics, an average of 200 certificates issued to
the Missouri Attorney General and an average of 150 certificates issued to local
circuit/prosecuting attorneys per annum, would result in a total loss of certificate issuance
revenue of $4,900 per fiscal year.
Death certificates have a current fee split of $5.00 per certificate to the Children’s Trust Fund;
$3.00 to the Missouri Public Health Fund; $4.00 to General Revenue; $1.00 to Endowed Care
Cemetery; and $1.00 to the Coroner’s Training fund. This is assuming all certificate requests
come to the state office. Any requests completed at the local level by local public health agencies
(LPHAs), would impact local public health funding.
FTE count comes from the calculation of a ten (10) minute application review, processing, and
issuance time average with 2,080 working hours per annum which equals 12,480 applications
processed per FTE. Most applications take fifteen (15) minutes, but a shorter time of ten (10)
minutes per application was used in this calculation, as requests from “agencies”, such as
prosecutors and the Attorney General’s Office, can usually be done slightly faster due to
typically less documentation to review per request.
As a result, the range of FTE would be zero (0) FTE if there were zero (0) certificates requested
to twenty-eight (28) FTE if 353,060 certificates were requested. However, due to current staffing
levels, the Bureau of Vital Records (BVR) estimates that it could absorb up to 1-2% (3,530-
7,061 certificates) of the full amount of certificate requests. The bureau currently issues
approximately 68,000 certificates of all types each year.
The Division of Administration would have an Unknown General Revenue cost. Depending on
the number of certificates requested, and the number of new staff that is required by the Bureau
of Vital Records, the Division could require additional staff to assist in the administrative
processes for the program. It is assumed that the Division can absorb the costs of this bill with L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 6 of
March 21, 2023
DD:LR:OD
current resources. However, if the workload significantly increased or other legislation was
enacted, additional resources would be requested through the appropriation process. For each
actual cost, loss, revenue and/or savings, indicate if your agency has existing budget authority
that can absorb the cost or be reduced by the savings. The cost/savings must be indicated by the
appropriation number, fund number, FTE and amount for the current FY and Governor’s
recommended budgets.
Oversight assumes based on the current vital records issuance metrics, an average of 200
certificates issued to the Attorney General and an average of 150 certificates issued to local
circuit/prosecuting attorneys per annum, would result in a loss of $4,900 per fiscal year.
Oversight assumes these amounts are not material and therefore will not reflect a fiscal impact
from this change.
Officials from the Missouri Office of Prosecution Services (MOPS) state this provision would
provide for a positive fiscal impact to prosecuting attorneys and the circuit attorney since they
will not have to pay for birth, death, or marriage certificates. The amount of that positive fiscal
impact is unknown.
Oversight does not have any information contrary to that provided by MOPS. Therefore,
Oversight will reflect MOPS’s estimated unknown impact for fiscal note purposes.
§195.817 – Background checks related to marijuana facilities
Officials from the Department of Public Safety - Missouri Highway Patrol assume the
proposal will have no fiscal impact on their organization.
Oversight obtained additional information from the MHP regarding background check fees.
Current background check fees cost $41.75 each, broken out at follows:
$20.00 State fee
$13.25 Federal Fee
$ 8.50 Vendor fee
$41.75 Total
In addition to the State fee of $20, the state receives $2 as a pass-through fee from federal
government. Therefore, for each background check conducted, $22 will be deposited into the
Criminal Record System Fund (#0671).
Oversight also obtained additional information from the DHSS projecting the number of ID
applications they anticipate receiving as a result of the passage of Amendment 3. DHSS said they
anticipate receiving 9,000 agent ID applications for each FY2024 and FY2025 and don’t expect
agent applications to increase significantly past the numbers projected for FY 2025. Currently,
DHSS started issuing agent licenses in April 2020 and the licenses are valid for three years, L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 7 of
March 21, 2023
DD:LR:OD
therefore, DHSS estimates renewals occurring starting in 2023. DHSS projects the same average
beyond the period of the fiscal note and doesn’t anticipate tapering off of applications.
Since the actual number of applications is unknown, Oversight assumes the impact to the
Criminal Records System Fund could be up to $198,000 annually ($22 * 9,000 applications).
§§307.018 and 556.021 – Warrants for failure to appear
Officials from the Department of Revenue (DOR) assume the following regarding this
proposal:
Administrative Impact
To implement the proposed changes, the Department will be required to:
• Complete programming and user acceptance testing to create a new action type in the Missouri
Driver License (MODL) system;
• Create new procedures, training manuals, notices, and forms;
• Update the Department website and driver guide; and
• Train Staff.
FY 2024 – Driver License Bureau
Research/Data Assistant 504 hrs. @ $17.20 per hr. = $8,669
Research/Data Analyst 504 hrs. @ $25.63 per hr. = $12,918
Administrative Manager 504 hrs. @ $27.82 per hr. = $14,021
Total $35,608
FY 2024 – Personnel Services Bureau
2 Associate Research/Data Analyst 336 hrs. @ $20.54 per hr. $6,901x 2 = $13,802
Total Costs $49,410
Oversight assumes DOR will use existing staff and will not hire additional FTE to conduct these
activities; therefore, Oversight will not reflect the administrative costs DOR has indicated on the
fiscal note.
DOR notes OA-ITSD services will be required at a cost of $33,653 in FY 2024 (354.24 hours x
$95 per hour).
Oversight does not have any information to the contrary in regards to DOR’s assumptions;
therefore, Oversight will reflect DOR’s OA-ITSD costs on the fiscal note.
Revenue Impact L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 8 of
March 21, 2023
DD:LR:OD
DOR notes a $20 reinstatement fee is imposed for reinstatement for any license suspension. This
is a possible revenue loss if courts choose to use this new legislation instead of the suspension of
license based on §302.341 - Instate Failure to Appear statute.
In FY 2021, 28,112 compliances were processed with a potential of $562,240 reinstatement fees
collected. In FY 2022, 28,020 compliances were processed with a potential of $560,400.
(Reinstatement fees are only required for two years from effective date of the action. If
compliances are received after two years, the fee is no longer required for the action to be
reinstated)
For the purposes of this fiscal note, the Department will estimate a loss of reinstatement fees of
unknown to $560,400. Reinstatement fees collected are distributed 75% Highway Fund, 15%
Cities, and 10% counties.
The fiscal impact estimated above is based on changes in the current Department’s Motor
Vehicle and Driver Licensing system environment. The implementation of this legislation will be
coordinated with the integration of the Department’s Motor Vehicle and Driver Licensing
software system approved and passed by the general assembly in 2020 (Senate Bill 176). To
avoid duplicative technology development and associated costs to the state, it is recommended a
delayed effective date be added to this bill to correlate with the installation of the new system.
Oversight does not have information to the contrary and therefore, Oversight will reflect the
estimates as provided by DOR.
MOPS states the delay in collecting traffic infraction fines may cause a negative fiscal impact to
MOPS, prosecutors and the circuit attorney. The surcharge is used to fund both the office and
training of prosecutors and the circuit attorney. The amount of the negative impact is unknown.
Oversight does not have any information contrary to that provided by MOPS. Therefore,
Oversight will reflect MOPS’s $0 to (unknown) impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 305), officials from the Office of State Courts
Administrator (OSCA) stated there may be some impact but there is no way to quantify that
currently. Any significant changes will be reflected in future budget requests.
Oversight assumes OSCA is provided with core funding to handle a certain amount of activity
each year. Oversight assumes OSCA could absorb the costs related to this proposal. If multiple
bills pass which require additional staffing and duties at substantial costs, OSCA could request
funding through the appropriation process.
§547.500 – Conviction Integrity Unit Act L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 9 of
March 21, 2023
DD:LR:OD
Officials from the Missouri Office of Prosecution Services (MOPS) state creating the
conviction review unit as proposed in the bill will require hiring three additional staff; two (2)
attorneys and an (1) investigator, resulting in a total cost of $256,000. At present MOPS believes
they can use the paralegal received in FY 2023 to help the unit as needed. MOPS’ assumption is
based on consideration of the following: (1) Since only two counties (Jackson and St. Louis) and
the circuit attorney currently have conviction review units, MOPS would be responsible for
reviewing actual innocence claims from 112 counties and any handled by the Attorney General
as conflict prosecutor; (2) looking at what other states' statewide units have, and using Jackson
County in particular, MOPS will need two experienced attorneys (with backgrounds in
prosecution and defense) and an investigator. This bill, recognizing the need for adequate and
meaningful staffing, also specifically provides for those three positions. The PS includes
maximum salary of $80,000 for each attorney and $60,000 for the investigator. Total PS of
$220,000 and E&E of $36,000. (The E&E is based on E&E of current resource prosecutors).
The total cost adding PS and E&E is $256,000.
Oversight notes that in their FY 2024 budget request, MOPS has asked for these new FTE in a
New Decision Item (DI#1282002) for the same amounts described above. Oversight has added
to MOPS’ estimate the cost of fringe benefits.
Oversight notes in HB 3012 (2022), the Missouri Office of Prosecution Services (not to exceed
12 FTE) budget included four funds:
General Revenue (0101) $ 346,750
MOPS – Federal (0107) $1,165,341
MOPS Legal (0680) $2,197,380
MOPS Revolving (0844). $ 161,673
TOTAL $3,871,144
For simplicity, Oversight will assume the new conviction review unit will be paid for with by
General Revenue funds (as requested in their NDI). Oversight notes the proposal requires
MOPS to develop an application process, including fees (which shall be waived for indigence).
The Missouri Office of Prosecution Services shall have the power to create an application
process for review of claims of actual innocence which shall not have any excessive fees and
fees shall be waived in cases of indigence.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing personnel and resources. However, the
AGO may seek additional appropriations if there is a significant increase in litigation.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 10 of 30
March 21, 2023
DD:LR:OD
§550.125 – Change of venue
In response to similar legislation from 2023 (HB 83), officials from Cole County stated the
county has a case set for 2024 that is a triple homicide on a change of venue. The jury will need
to be sequestered. The costs associated with sequestering jurors are at this time estimated to be
just under $90,000. There is no expectation that the originating county (Wayne County) will be
able to reimburse Cole County for those costs, so that would be a fiscal impact to Cole County
that could potentially be alleviated by the establishment of this proposed fund.
Oversight does not have information to the contrary. Since the case is set for 2024, Oversight is
unclear if the full reimbursement to Cole County would occur in FY24 or FY25. Oversight is
also unclear how many other cases in other counties could also be reimbursed from this fund.
Therefore, Oversight will reflect the estimates as $0 to unknown as stated in the fiscal impact
chart below.
Officials from the Office of the State Courts Administrator (OSCA) assume there may be
some impact but there is no way to quantify that currently due to the unknown number of
sequestered jury capital cases on a change of venue with applications submitted for
reimbursement from the proposed fund. OSCA may be able to absorb with existing staff and
resources but would reflect any actual needs in future budget requests.
Oversight does not have information to the contrary and therefore, Oversight will assume that
OSCA will have no direct cost due to this proposal.
In response to similar legislation from 2022 (HB 1548), officials from the Office of the State
Treasurer assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note to STO for this section.
Oversight notes below is the 5 year average of the occurrence of disposed felony cases that had
change of venue in the State of Missouri:
Change of Venue cases for Felony Cases represent a small percentage of the overall Felony
Cases. It is assumed that capital cases would be an even smaller percent.
2
021
2
020
2
019
2
018
2
017
5
yr. Avg
T
otal Circuit Felony Cases Disposed*
3
5,937
3
6,008
4
5,782
4
6,148
4
5,132
4
1,801
T
otal Change of Venue Cases**
6
09
5
92
5
77
6
83
7
53
6
43
P
ercentage of Felony Cases with
C
hange of Venue
1
.7%
1
.6%
1
.3%
1
.5%
1
.7%
1
.5%
*
Table 1 of OSCA's Annual Report Supplement
*
*Table 50 of OSCA's Annual Report Supplement L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 11 of 30
March 21, 2023
DD:LR:OD
Oversight notes that the new fund would be subject to appropriation by the General Assembly
and that counties could receive reimbursement for cost associated with a change of venue on a
capital case with the sequestering of jurors. Oversight notes that OSCA will disburse the money
to the county if they are eligible for reimbursement. Oversight notes not all funds may be
reimbursed to the counties. Therefore, Oversight will reflect appropriations going to the new
fund from general revenue as a $0 to unknown and potential reimbursements to counties as a $0
to unknown from the new fund for this proposal. Oversight notes if 609 cases applied for
$90,000 (example provided by Cole County), this would equate to over $54 million.
Rule Promulgation
Officials from the Joint Committee on Administrative Rules assume this proposal is not
anticipated to cause a fiscal impact beyond its current appropriation.
Officials from the Office of the Secretary of State (SOS) note many bills considered by the
General Assembly include provisions allowing or requiring agencies to submit rules and
regulations to implement the act. The SOS is provided with core funding to handle a certain
amount of normal activity resulting from each year's legislative session. The fiscal impact for
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes
that this is a small amount and does not expect that additional funding would be required
to meet these costs. However, the SOS also recognizes that many such bills may be passed by
the General Assembly in a given year and that collectively the costs may be in excess of what the
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding
for the cost of supporting administrative rules requirements should the need arise based on a
review of the finally approved bills signed by the Governor.
§558.031 – Credit for jail time
Officials from the Department of Corrections (DOC) state this proposal modifies provisions
relating to jail-time credit. The department is unable to project a fiscal impact due to not
knowing the amount of “additional” credit that may be awarded.
Oversight notes the provisions of this proposal allow the court to award additional credit toward
the service of a sentence of imprisonment by changing the beginning of the credit accrual to after
the offense occurred. Therefore, Oversight will reflect a range of $0 (no additional credit
awarded) to DOC’s estimated unknown impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 1133), officials from the St. Joseph Police
Department assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for these agencies for this section. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 12 of 30
March 21, 2023
DD:LR:OD
§§566.151 and 567.030 – Criminal offenses involving a child
DOC states this proposal modifies provisions relating to criminal offenses involving a child.
Section 566.151 changes the age of the victim from any person who is less than fifteen to less
than seventeen years of age. Section 567.030 changes the age of the victim from less than
eighteen years of age but older than fourteen to older than fifteen years of age. The bill changes
the existing class D felony to a class B felony.
Regarding section 566.151, the increase in the minimum age under which a person can be
considered enticed as a child could create additional instances in which a person could be
charged with a crime under this section. However, there is no available data to determine the
number of 16 and 17 year olds to whom this could have potentially applied. Therefore, the
impact is an unknown cost.
Regarding section 567.030, there were two new court commitments to prison and one new
probation case under this section during FY 2022. These offenses would be changed from class
D felonies to class B felonies. The average sentence length for a class D felony sex and child
abuse offense is 6.6 years, with 5.3 years spent in prison. Changing this to a class B felony would
extend the sentence length to 9.0 years, with 7.2 years spent in prison.
The estimated cumulative impact on the department would be an additional 6 offenders in prison
and an additional (2) offenders on field supervision by FY 2031.
Oversight notes, from information provided by the State Courts Administrator, the following
number of felony convictions under §566.151 and §567.030:
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
3 3 3 3 3 3 3 3 3 3
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
0 0 0 0 0 0 0 0 0 0
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
0 0 0 0 0 2 5 6 6 6
P
arole
0 0 0 0 0 -
2
-
4
-
2
2 2
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
0 0 0 0 0 2 5 6 6 6
F
ield Population
0 0 0 0 0 -
2
-
4
-
2
2 2
P
opulation Change
0 0 0 0 0 0 1 4 8 8 L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 13 of 30
March 21, 2023
DD:LR:OD
FY 2019 FY 2020 FY 2021 FY 2022
§566.151 felonies 15 19 25 22
§567.030 felonies 1 0 2 3
Oversight notes the felony convictions under §566.151 are a class F felony. Oversight will
reflect DOC’s impact as an unknown impact to the General Revenue Fund. Oversight notes it
would take roughly 27 additional prisoners to reach the $250,000 cost threshold. Oversight will
assume a fiscal impact of less than $250,000.
§§569.100 and 570.030 – Teller machines
DOC states this proposal modifies and establishes offenses involving teller machines.
Section 569.100 makes the offense of property damage in the first degree a class D felony;
unless the purpose is to defraud or obtain any property with a value exceeding $750, or the
damage to the teller machine exceeds $750, in which case is a class C felony. The offense of
obtaining personal financial credentials of another person, or second and subsequent violations,
is a class B felony.
Section 570.030 makes the offense of stealing a teller machine (or the contents of including cash,
regardless of the amount) is a class C felony.
The intent of the bill is to create one class B felony, two class C felonies and one class D felony.
Given the seriousness of class B felony offenses and that the introduction of a completely new
class B felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class B felony as their most serious sentence had an
average sentence length of 9.0 years and served, on average, 3.4 years in prison prior to first
release. The department assumes one third of the remaining sentence length will be served in
prison as a parole return, and the rest of the sentence will be served on supervision in the
community.
The cumulative impact on the department is estimated to be 5 additional offenders in prison and
0 additional offenders on field supervision by FY 2028. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 14 of 30
March 21, 2023
DD:LR:OD
For one new nonviolent class D felony, the department estimates three people could be sentenced
to prison and five to probation. The average sentence for a nonviolent class D felony offense is 5
years, of which 2.8 years will be served in prison with 1.7 years to first release. The remaining
2.2 years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 8 additional offenders in prison and
16 additional offenders on field supervision by FY 2026.
For two new class C felonies, the department estimates 8 people could be sentenced to prison
and 12 to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years will be served in prison with 2.1 years to first release. The remaining 3.2 years will be on
parole. Probation sentences will be 3 years.
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9
C
hange in prison admissions and probation openings with legislation-Two Class D Felonies (nonviolent)
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
3 3 3 3 3 3 3 3 3 3
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
5 5 5 5 5 5 5 5 5 5
C
hange (After Legislation - Current Law)
A
dmissions
3 3 3 3 3 3 3 3 3 3
P
robations
5 5 5 5 5 5 5 5 5 5
C
umulative Populations
P
rison
3 6 8 8 8 8 8 8 8 8
P
arole
0 0 1 4 7 7 7 7 7 7
P
robation
5 1
0
1
5
1
5
1
5
1
5
1
5
1
5
1
5
1
5
I
mpact
P
rison Population
3 6 8 8 8 8 8 8 8 8
F
ield Population
5 1
0
1
6
1
9
2
2
2
2
2
2
2
2
2
2
2
2
P
opulation Change
8 1
6
2
4
2
7
3
0
3
0
3
0
3
0
3
0
3
0 L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 15 of 30
March 21, 2023
DD:LR:OD
The cumulative impact on the department is estimated to be 30 additional offenders in prison and
54 additional offenders on field supervision by FY 2029.
Officials from the Office of the State Public Defender (SPD) stated the proposed legislation
creates new offenses under sections 569.100 and 570.030 which could result in additional cases
eligible for SPD representation. The number of additional cases is unknown and as a result the
fiscal impact is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
§570.212 Mail theft
DOC states this proposal establishes the offense of mail theft when a person purposefully
appropriates mail from another person’s mailbox or premises without consent and with the intent
to deprive such person of their mail. This is a class A misdemeanor for the first offense and a
class E felony offense for subsequent offenses.
Officials from the Office of the State Public Defender (SPD) state the creation of the new
offense of mail theft under section 570.212 will have an unknown fiscal impact on SPD. There
will be an unknown number of additional cases eligible for SPD representation as a result of this
legislation.
C
hange in prison admissions and probation openings with legislation-Three Class C Felonies
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
8 8 8 8 8 8 8 8 8 8
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
C
hange (After Legislation - Current Law)
A
dmissions
8 8 8 8 8 8 8 8 8 8
P
robations
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
C
umulative Populations
P
rison
8 1
6
2
4
3
0
3
0
3
0
3
0
3
0
3
0
3
0
P
arole
0 0 0 2 1
0
1
8
2
6
2
6
2
6
2
6
P
robation
1
2
2
4
3
6
3
6
3
6
3
6
3
6
3
6
3
6
3
6
I
mpact
P
rison Population
8 1
6
2
4
3
0
3
0
3
0
3
0
3
0
3
0
3
0
F
ield Population
1
2
2
4
3
6
3
8
4
6
5
4
6
2
6
2
6
2
6
2
P
opulation Change
2
0
4
0
6
0
6
8
7
6
8
4
9
2
9
2
9
2
9
2 L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 16 of 30
March 21, 2023
DD:LR:OD
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to similar legislation from 2022 (HB 1637), officials from the Missouri Office of
Prosecution Services (MOPS) assumed the proposal will have no fiscal impact on MOPS and
no fiscal impact to prosecutors or the circuit attorney since this crime is already encompassed in
current stealing statute.
In response to similar legislation from 2023 (HB 105), officials from the St. Joseph Police
Department assumed the proposal will have no fiscal impact on their organization. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in
the fiscal note for this entity for this section.
§575.205 – Electronic monitoring equipment
DOC states section 575.205 is modified to include failing to charge or otherwise attempting to
disable an electronic monitoring device in the list of actions considered as an offense of
tampering with electronic monitoring equipment and specifies that offense as a class E felony.
Since this is a new offense, the department will use a standard class E felony response. For each
new nonviolent class E felony, the department estimates one person could be sentenced to prison
and two to probation. The average sentence for a nonviolent class E felony offense is 3.4 years,
of which 2.1 years will be served in prison with 1.4 years to first release. The remaining 1.3
years will be on parole. Probation sentences will be 3 years.
The cumulative impact on the department is estimated to be 4 additional offenders in prison and
14 additional offenders on field supervision by FY 2026. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 17 of 30
March 21, 2023
DD:LR:OD
Officials from the Office of the State Public Defender (SPD) state the expansion of offenses
under section 575.205 will have an unknown impact on SPD. The additional number of cases
that would require SPD representation is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
In response to similar legislation from 2023 (HB 86), officials from the Missouri Office of
Prosecution Services and the St. Joseph Police Department assumed the proposal will have no
fiscal impact on their organization.
In response to similar legislation from 2023 (HB 86), officials from the St. Louis County Police
Department estimated if the department received 100 cases annually, it would require two hours
of booking, two hours of report writing and warrant application, and one hour of warrant
application review for each case. Therefore, at five hours per case, with an average hourly pay
of $46, each case would total $230 (5 x $46). This equates to approximately $23,000 annually.
Oversight notes the estimated cost for the St. Louis County Police Department; however,
Oversight is unable to project a statewide cost for police and sheriff's departments for an
additional crime; therefore, the impact to local governments will be presented as $0 (can be
absorbed) to an Unknown amount.
§§579.021 and 579.022 – Delivery of controlled substance
DOC states Section 579.021 creates a class C felony offense of delivery of a
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2 2 2 2 2 2 2 2 2 2
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
C
hange (After Legislation - Current Law)
A
dmissions
2 2 2 2 2 2 2 2 2 2
P
robations
4 4 4 4 4 4 4 4 4 4
C
umulative Populations
P
rison
2 4 4 4 4 4 4 4 4 4
P
arole
0 0 2 2 2 2 2 2 2 2
P
robation
4 8 1
2
1
2
1
2
1
2
1
2
1
2
1
2
1
2
I
mpact
P
rison Population
2 4 4 4 4 4 4 4 4 4
F
ield Population
4 8 1
4
1
4
1
4
1
4
1
4
1
4
1
4
1
4
P
opulation Change
6 1
2
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8 L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 18 of 30
March 21, 2023
DD:LR:OD
controlled substance causing serious physical injury, when a person delivers or distributes a
controlled substance under section 579.020 and serious physical injury results from the use of
such controlled substance.
For each new class C felony, the department estimates four people could be sentenced to prison
and six to probation. The average sentence for a class C felony offense is 6.9 years, of which 3.7
years could be served in prison with 2.1 years to first release. The remaining 3.2 years could be
on parole. Probation sentences could be 3 years.
The cumulative impact on the department is estimated to be 15 additional offenders in prison and
19 additional offenders on field supervision by FY 2027.
Section 579.022 is created to include penalty provisions for the offense of delivering a controlled
substance causing death.
These actions are considered a class A felony offense; therefore, the intent of the bill is to create
a new class A felony offense.
Given the seriousness of class A felony offenses and that the introduction of a completely new
class A felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class A felony have an average sentence length of 17.1
years and serve, on average, 12.3 years in prison prior to first release. The department assumes
one-third of the remaining sentence length could be served in prison as a parole return, and the
rest of the sentence could be served on supervision in the community. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 19 of 30
March 21, 2023
DD:LR:OD
The sentence lengths associated with these offenses pushes the estimate of total cumulative
impact on the department beyond the 10-year time frame of this fiscal note. However, the
estimated impact by FY 2033 is 10 additional offenders in prison.
Combined Cumulative Estimated Impact for DOC
DOC estimates this proposal could result in an additional 78 offenders in prison and an
additional 135 on field supervision by FY 2033. The combined cumulative impact beyond 2033.
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 6 7 8 9 1
0
P
arole
0 0 0 0 0 0 0 0 0 0
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 6 7 8 9 1
0
F
ield Population
0 0 0 0 0 0 0 0 0 0
P
opulation Change
1 2 3 4 5 6 7 8 9 1
0
C
hange in prison admissions and probation openings with legislation
F
Y2024
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
N
ew Admissions
C
urrent Law
3 3 3 3 3 3 3 3 3 3
A
fter Legislation
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
C
hange (After Legislation - Current Law)
A
dmissions
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
1
9
P
robations
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
2
7
C
umulative Populations
P
rison
1
9
3
8
5
4
6
5
6
7
7
0
7
4
7
6
7
7
7
8
P
arole
0 0 3 9 2
4
3
5
4
6
4
9
5
4
5
4
P
robation
2
7
5
4
8
1
8
1
8
1
8
1
8
1
8
1
8
1
8
1
I
mpact
P
rison Population
1
9
3
8
5
4
6
5
6
7
7
0
7
4
7
6
7
7
7
8
F
ield Population
2
7
5
4
8
4
9
0
1
05
1
16
1
27
1
30
1
35
1
35
P
opulation Change
4
6
9
2
1
38
1
55
1
72
1
86
2
01
2
06
2
12
2
13 L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 20 of 30
March 21, 2023
DD:LR:OD
# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total cost
for
probation
and parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 119($9,499)($150,401)0$027($150,401)Year 238($9,499)($368,181)1($95,976)54($464,157)Year 354($9,499)($533,669)1($88,725)84($622,394)Year 465($9,499)($655,227)1($89,668)90($744,895)Year 567($9,499)($688,896)2($190,179)105($879,075)Year 670($9,499)($734,136)2($183,169)116($917,305)Year 774($9,499)($791,609)2($185,116)127($976,725)Year 876($9,499)($829,264)2($187,088)130($1,016,352)Year 977($9,499)($856,979)2($189,082)135($1,046,061)Year 1078($9,499)($885,470)2($191,102)135($1,076,572)
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s estimated impact for fiscal note purposes.
In response to similar legislation from 2023 (HB 1181), Officials from the Missouri Office of
Prosecution Services (MOPS) assumed the proposal will have no measurable fiscal impact on
MOPS. The enactment of new crimes (579.021.3 and 579.022.3) creates additional
responsibilities for county prosecutors and the circuit attorney which may, in turn, result in
additional costs, which are difficult to determine.
Officials from the Office of the State Public Defender (SPD) state the proposed legislation
creates new offenses under section 579.021 and 579.022 which could result in additional cases
eligible for SPD representation. The number of additional cases is unknown and as a result, the
fiscal impact is unknown.
Oversight notes in FY22 the SPD was appropriated moneys for 53 additional FTE. Oversight
assumes this proposal will create a minimal number of new cases and that the SPD can absorb
the additional caseload required by this proposal with current staff and resources. Therefore,
Oversight will reflect no fiscal impact to the SPD for fiscal note purposes. However, if multiple
bills pass which require additional staffing and duties, the SPD may request funding through the
appropriation process.
§§589.401 and 589.414 – Sexual offender registry
In response to similar legislation from 2023 (HB 1108), officials from the Department of
Corrections, the Missouri Department of Conservation, the St. Joseph Police Department,
and Gordon Parks Elementary assumed the proposal will have no fiscal impact on their L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 21 of 30
March 21, 2023
DD:LR:OD
respective organizations. Oversight does not have any information to the contrary. Therefore,
Oversight will reflect a zero impact in the fiscal note for these sections.
§589.403 – Sexual offender
DOC states Section 589.403 mandates the department to notify the chief law enforcement
official of the county or city not within a county where the offender is registered of the
offender’s release. In addition, when an offender is incarcerated in DOC, it mandates the
department to complete a check to see if the person is currently a Missouri registered sex
offender and notify the chief law enforcement official. This will have an operational impact on
the department, but one that can be absorbed and, therefore, will have no fiscal impact
§595.045 – Crime Victims’ Compensation Fund
Officials from the Department of Public Safety - Office of the Director (DPS) state in CY
2022, there were 10,822 class E felony convictions. This data was pulled using charge level
felony E with a charge disposition of Guilty Plea, Guilty Plea Written, Tried by Court- Guilty,
Jury Verdict - Guilty, and Alford Plea. It does not include juvenile cases.
DPS assumes this will bring in an estimated $500,000 into the Crime Victims’ Compensation
Fund.
Oversight notes the provisions of this section state the court shall enter a judgment payable to
the Crime Victims’ Compensation Fund of $46 for a class E felony. Oversight also notes, from
information provided by the Office of the State Courts Administrator, the following number of E
felony convictions from FY 2019 through FY 2022:
FY 2019 FY 2020 FY 2021 FY 2022
8,677 7,545 8,407 10,575
The average number of E felonies over this four-year period is 8,801 (8,677 + 7,545 + 8,407 +
10,575). However, as the exact number of E felony convictions could vary widely from year to
year, Oversight will reflect an Unknown, greater than $250,000 to the Crime Victims’
Compensation Fund. Oversight notes the ending balance in the Crime Victims’ Compensation
Fund as of February 28, 2023, is $2,097,307.
§610.021 – Closure of certain public safety records
In response to similar legislation from 2023 (SB 630), officials from the Department of
Corrections and the Office of the Lieutenant Governor assumed the proposal will have no
fiscal impact on their organization. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact on the fiscal note for this section. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 22 of 30
March 21, 2023
DD:LR:OD
Bill as a Whole
Officials from the Office of Administration - Administrative Hearing Commission, the
Office of Administration - Budget and Planning, the Department of Commerce and
Insurance, the Department of Economic DevelopmentDepartment of Elementary and
Secondary Education, the Department of Higher Education and Workforce Development,
the Department of Mental Health, the Department of Natural Resources, the Department of
Public Safety – (Division of Alcohol and Tobacco Control, Capitol Police, Fire Safety,
Office of the Director, Missouri Gaming Commission, Missouri Veterans Commission, and
State Emergency Management Agency), the Department of Social Services, the Missouri
Ethics Commission, the Missouri Consolidated Health Care Plan the Missouri Department
of Agriculture the Missouri Department of Transportation, the Missouri National Guard
the MoDOT and Patrol Employees’ Retirement System, the Missouri House of
Representatives, the Missouri Lottery Commission, the Missouri Senate, the Missouri State
Employees Retirement System, the Office of Administration, the Office of the Governor, the
Joint Committee on Education, the Joint Committee on Public Employee Retirement,
Legislative Research, the Oversight Division, the Office of the State Auditor, the State Tax
Commission, the University of Missouri, the Branson Police Department, the Kansas City
Police Department, the Phelps County Sheriff’s Department, the Cole Camp Ambulance
District, the Kansas City Health Department, the Newton County Health Department
St. Louis County Health Department assume the proposal will have no fiscal impact on their
respective organizations.
In response to a previous version, officials from the Department of Labor and Industrial
Relations assumed the proposal will have no fiscal impact on their organization.
Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero
impact in the fiscal note for the abovementioned agencies.
Oversight only reflects the responses that we have received from state agencies and political
subdivisions; however, other counties, circuit clerks, police and sheriff’s departments, fire
protection districts, ambulance and EMS, and schools were requested to respond to this proposed
legislation but did not. A general listing of political subdivisions included in the MOLIS
database is available upon request. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 23 of 30
March 21, 2023
DD:LR:OD
FISCAL IMPACT – State
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
GENERAL REVENUEIncome – (§547.500)
Application fees for review of a
claim of actual innocence p. 9UnknownUnknownUnknownUnknown
Savings – DOC (§558.031) Jail-
time credit p. 12
$0 to
Unknown,
Could
exceed
$250,000
$0 to
Unknown,
Could
exceed
$250,000
$0 to
Unknown,
Could
exceed
$250,000
$0 to
Unknown,
Could
exceed
$250,000
Savings – MOPS (§193.265)
Vital records requests p. 6 UnknownUnknownUnknownUnknown
Cost – MOPS (§307.018) Delay
in fine collection p. 8
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
Cost – DOR (§§307.018 and
556.021) OA-ITSD services p. 7($33,653)$0$0$0
Costs – MOPS (§547.500) New
Conviction Review Unit p. 9$0 or….$0 or…$0 or….
$0 or could
exceed…
Personal Service (3 FTE)($183,333)($222,200)($224,422)($224,422) Fringe Benefits($107,554)($129,887)($130,719)($130,719) Expense & Equipment($30,000)($36,900)($37,823)($37,823)Total cost – MOPS($320,887)($388,897)($392,964)($392,964) FTE Change – MOPS3 FTE3 FTE3 FTE3 FTECost – DOC (§§566,151,
567.030, 569.100, 570.030,
570.212, 579.021) p. 20
Could
exceed…
Could
exceed…
Could
exceed…
Could
exceed…
Personal service$0($49,847)($50,345)($107,954) Fringe benefits$0($34,391)($34,734)($74,480) Equipment and expense$0($11,738)($3,646)($8,668)Increased incarceration costs($150,401)($368,181)($533,669)($885,470)Total cost – DOC($150,401)($464,157)($622,394)($1,076,572) FTE Change – DOC0 FTE1 FTE1 FTE2 FTE L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 24 of 30
March 21, 2023
DD:LR:OD
Transfer Out – (§550.125)
Appropriated funds to the
Change of Venue for Capital
Cases Fund p. 11
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT
ON THE GENERAL
REVENUE FUND
More or
less than
($504,941)
More or
less than
($853,054)
More or
less than
($1,015,358)
More or
less than
($1,469,536)
Estimated Net FTE Change on
the General Revenue Fund3 FTE 4 FTE4 FTE5 FTE
CRIMINAL RECORD
SYSTEM FUND (0671)
Income – MHP (§195.817)
Increase in background checks
Up to
$165,000
Up to
$198,000
Up to
$198,000
Up to
$198,000
Income – MHP (§43.540)
Increase in background checksUnknownUnknownUnknownUnknown
Loss – (§43.539) From foregone
fees for criminal reviews p. 4
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
$0 or
(Unknown)
ESTIMATED NET EFFECT
ON THE CRIMINAL
RECORD SYSTEM FUND
Up to
$165,000
Up to
$198,000
Up to
$198,000
Up to
$198,000
STATE HIGHWAYS AND
TRANSPORTATION
DEPARTMENT FUND (0644)
Loss – DOR (§§307.018 and
556.021) Loss of reinstatement
fees p.8($350,250)($420,300)($420,300)($420,300)
ESTIMATED NET EFFECT
ON THE STATE
HIGHWAYS AND
TRANSPORTATION FUND($350,250)($420,300)($420,300)($420,300) L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 25 of 30
March 21, 2023
DD:LR:OD
CHANGE OF VENUE FOR
CAPITAL CASES FUND
Transfer In – (§550.125)
Appropriated funds from
General Revenue p. 11
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Costs – OSCA (§550.125)
Reimbursement to counties that
have a change of venue on a
capital case from another county
that sequestered jurors p. 11
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT
ON THE CHANGE OF
VENUE FOR CAPITAL
CASES FUND
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
CRIME VICTIMS’
COMPENSATION FUND
(0681)
Revenue – DPS (§595.045)
Class E felony fee p. 22
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
Unknown,
Greater than
$250,000
ESTIMATED NET EFFECT
TO THE CRIME VICTIMS’
COMPENSATION FUND
Unknown,
Greater
than
$250,000
Unknown,
Greater
than
$250,000
Unknown,
Greater
than
$250,000
Unknown,
Greater
than
$250,000 L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 26 of 30
March 21, 2023
DD:LR:OD
FISCAL IMPACT – Local
Government
FY 2024
(10 Mo.)
FY 2025FY 2026Fully
Implemented
(FY 2033)
LOCAL POLITICAL
SUBDIVISIONS
Reimbursement of Costs –
Counties (§550.125) State
payments for a change of venue
for a capital case held in counties
p.11
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Cost - (§575.205) Increased
labor hours to process cases p.
17 – 18
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)$0 to
(Unknown)
Loss – (Cities 15%) (§§307.018
and 556.021) Loss of
reinstatement fees p. 8($70,050)($84,060)($84,060)($84,060)
Loss – (Counties 10%)
(§§307.018 and 556.021) Loss of
reinstatement fees p. 8($46,700)($56,040)($56,040)($56,040)
ESTIMATED NET EFFECT
ON LOCAL POLITICAL
SUBDIVISIONS($116,750)($140,100)($140,100)($140,100)
FISCAL IMPACT – Small Business
Small businesses may be impacted by this proposal if they pay the background check fees of
employees. (§195.817)
FISCAL DESCRIPTION
BACKGROUND CHECKS RELATING TO MARIJUANA FACILITIES (Section 195.817)
Under this act, the Department of Health and Senior Services shall require all employees,
contractors, owners, and volunteers of marijuana facilities to submit fingerprints to the Highway
Patrol for a state and federal criminal background check. The Highway Patrol shall notify the
Department of any criminal history record information or lack thereof discovered on the
individual. All such records shall be accessible and available to the Department.
WARRANTS FOR FAILURE TO APPEAR (Sections 307.018 and 556.021) L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 27 of 30
March 21, 2023
DD:LR:OD
This bill prohibits a court from issuing an arrest warrant for a person's failure to respond, pay an
assessed fine, or appear in court for a motor vehicle equipment violation citation issued for an
offense that is classified or charged as an infraction.
Instead, the court must issue a notice, which will include a second scheduled court date, to be
sent to the driver of the vehicle. If the driver fails to respond a second time, the court will issue a
second notice of failure to respond, pay the fine assessed, or appear. A copy of the notice will be
sent to the driver and to the Department of Revenue. When the driver applies to renew his or her
driver's license, the Department of Revenue must deny the application until all delinquent fines
and fees in connection with the motor vehicle equipment violation have been satisfied.
CONVICTION INTEGRITY UNIT ACT (Section 547.500)
Under this bill, the Missouri Office of Prosecution Services may establish a conviction review
unit to investigate claims of actual innocence of any defendant, including those who plead guilty.
The Missouri Office of Prosecution Services will create an application process for defendants as
specified in the bill. The conviction review unit will consist of two attorneys hired by the
Executive Director of the Missouri Office of Prosecution Services, an investigator, paralegal, and
other administrative staff. The Director shall be an ex officio member of the unit. Once the
review is complete, the conviction review unit will present its findings either to the prosecuting
attorney who prosecuted the case or, if the review was requested by the Attorney General,
special prosecutor, or other prosecuting attorney's office, to the office who requested the review.
The prosecuting attorney's office is not required to accept or follow the findings and
recommendations of the conviction review unit. Any document produced by the conviction
review unit shall be closed records until after the finality of all proceedings.
CHANGE OF VENUE (Section 550.125)
This bill creates the "Change of Venue for Capital Cases Fund", which will consist of money
appropriated by the General Assembly. Money in the Fund is to be used solely for
reimbursement to any county that receives a capital case from another county to cover the costs
associated with the sequestering of jurors. At the conclusion of a capital case for which the venue
was changed from one county to another, the initial county may apply to the Office of State
Courts Administrator (OSCA) for reimbursement for the county that received the case. If a
county is eligible for reimbursement, OSCA shall disburse the money to the county. If OSCA
determines that a county is not eligible for reimbursement or the actual costs are more than the
amount dispersed, the county in which the capital case originated shall be responsible for all or
the remaining reimbursement.
Applications for reimbursement must be submitted by May 1 of the current fiscal year, and
reimbursements must be made by June 30 of the current fiscal year. Reimbursements for
applications submitted after May 1 of the current fiscal year will be made in the following fiscal
year. If there is not enough money in the Fund at the end of the fiscal year when reimbursements
are made, reimbursements will be made on a pro rata basis. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 28 of 30
March 21, 2023
DD:LR:OD
CREDIT FOR JAIL TIME (Section 558.031)
This bill modifies provisions relating to credit toward the service of a sentence of imprisonment
by changing the beginning of the credit accrual to after the offense occurred, as opposed to the
current provision of after conviction. This credit must be based upon the certification of the
sheriff, and may be supplemented by a certificate of a sheriff from another jurisdiction having
held the person on the charge of the offense for which the sentence is ordered.
The court, when pronouncing sentence, may award additional credit for time spent in prison, jail,
or custody before the commencement of the sentence for those in which the person was
incarcerated, but for whom no detainer or warrant was served.
CRIMINAL OFFENSES (Sections 566.151 and 567.030)
This bill modifies the offense of enticement of a child by increasing the age of the victim from
less than 15 years old to less than 17 years old.
Additionally, the bill modifies the penalty provisions for the offense of patronizing prostitution.
Currently, the penalty distinctions are for older than 14 years of age and 14 or younger. This bill
increases the age from 14 to 15 years old and modifies the offense of patronizing prostitution if
the individual is 15 years of age or younger from a class D felony to a class B felony.
OFFENSES INVOLVING TELLER MACHINES (Sections 569.100 and 570.030)
This bill adds damaging, destroying, or making inoperable, a "teller machine", as defined in the
bill, to the offense of property damage in the first degree. This offense is a class D felony; a class
C felony if committed for the purpose of executing any scheme or artifice to defraud or obtain
any property that exceeds $750 or the damage to the teller machine exceeds $750; and a class B
felony if the damage committed was to obtain the personal financial credentials of another
person or is committed as a second violation. The bill also provides that the offense of stealing is
a Class C felony if the property is a teller machine or the contents of a teller machine regardless
of the value or amount of cash.
MAIL THEFT (Section 570.212)
A person commits the offense of mail theft if the person purposefully takes mail from another
person's mailbox or premises without the consent of the addressee and with intent to deprive the
addressee of the mail. The offense of mail theft is a class A misdemeanor for a first offense and a
class E felony for a second or subsequent offense. The bill does not prohibit a person from being
charged with, convicted of, or sentenced for any other violation of law committed by that person
using mail in violation of the provisions of this bill.
ELECTRONIC MONITORING EQUIPMENT (Section 575.205)
This bill adds to the offense of tampering with electronic monitoring equipment, failure to charge
or otherwise disable the electronic monitoring equipment. The bill specifies that the offense of
tampering with electronic monitoring equipment when a person fails to charge or otherwise
disables the equipment is a class E felony, unless the offense for which the person was placed on
electronic monitoring was a misdemeanor, in which case it is a class A misdemeanor. L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 29 of 30
March 21, 2023
DD:LR:OD
DELIVERY OF A CONTROLLED SUBSTANCE (Sections 579.021 and 579.022)
This bill creates the offense of delivery of a controlled substance causing great bodily harm,
which a person commits if he or she delivers or distributes a controlled substance and great
bodily harm results from the use of the controlled substance. Such offense is a class C felony.
The bill also creates the offense of delivery of a controlled substance causing a death, which a
person commits if he or she delivers or distributes a controlled substance and a death results from
the use of the controlled substance. Such offense is a class A felony.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Attorney General’s Office
Department of Commerce and Insurance
Department of Corrections
Department of Elementary and Secondary Education
Department of Health and Senior Services
Department of Labor and Industrial Relations
Department of Mental Health
Department of Natural Resources
Department of Revenue
Department of Public Safety
Department of Social Services
Joint Committee on Administrative Rules
Legislative Research
Local Government Employees Retirement System
Missouri House of Representatives
Missouri Lottery Commission
Missouri Department of Agriculture
Missouri Department of Conservation
Missouri Department of Transportation
Missouri National Guard
Missouri Senate
MoDOT & Patrol Employees’ Retirement System
Missouri State Employees Retirement System
Missouri Office of Prosecution Services
Office of Administration
Office of Administration - Administrative Hearing Commission
Office of Administration - Budget and Planning
Office of the Governor
Office of the Lieutenant Governor
Office of the Secretary of State L.R. No. 2147H.04C
Bill No. HCS for HB Nos. 1108 & 1181
Page 30 of 30
March 21, 2023
DD:LR:OD
Office of the State Auditor
Office of the State Courts Administrator
Office of the State Public Defender
Office of the State Treasurer
Oversight Division
State Tax Commission
Branson Police Department
Kansas City Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
LAGERS
Gordon Parks Elementary
Cole County
Cole Camp Ambulance District
Kansas City Health Department
Newton County Health Department
St. Louis County Health Department
Julie MorffRoss StropeDirectorAssistant DirectorMarch 21, 2023March 21, 2023